Illegally Obtained Evidence
Criminal Defense Topics
Illegal Drug Searches
Illegally Obtained Evidence Laws
Many drug arrests happen after aggressive police ignore the the boundaries of 4th Amendment search and seizure rights and laws. The issue of probable cause is the starting place for beating many drug charge arrests in Georgia.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
When is a Search Legal or Illegal?
The use of a narcotics detection dog around the exterior of a vehicle,as part of a checkpoint or legal traffic stop, does not require the existence of reasonable suspicion.
A pat-down of a driver and other occupants during a legal traffic stop is permissible. An officer may do this without having to have any reasonable suspicion of criminal activity.
Search of a Person
When an officer observes suspicious conduct which brings the officer to reasonably conclude that criminal activity exists, the officer may engage said person and ask questions for the purposes of confirming or dispelling any suspicions.
Search of a Vehicle
Where there is probable cause to believe that a vehicle contains evidence of a criminal activity, an officer may lawfully search any area of the vehicle. Probable Cause could arise form things such as the smell of marijuana, observing drug paraphernalia on a seat or floorboard in plain view,
Search of a Home or Private Property
Generally speaking, for police officers to search a home or privately owned building, they must have a warrant or the consent of the property owner.
Landlords cannot give consent to search a property, however; if police have a warrant the landlord can assist in providing entry to the property.
Right to Remain Silent
Being detained and questioned is an investigation of sorts.. You have the right to remain silent, and lying to a police officer can in itself be an arrestable offense.
If you have been arrested or formally charged with a drug related crime you need to hire an expert drug charges defense lawyer. Call us at 770-956-1400 to arrange time to discuss your situation and get answers to your questions.